No Santa! — Is Oak Ridge sign ordinance barking up the Wrong Pole?

Is it a “sign” of the times or is the city of Oak Ridge getting more strict on business signs?

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By Beverly Majors

Oakridger - Oak Ridge, TN

By Beverly Majors

Posted Dec. 13, 2012 at 9:18 PM
Updated Dec 13, 2012 at 9:22 PM

By Beverly Majors

Posted Dec. 13, 2012 at 9:18 PM
Updated Dec 13, 2012 at 9:22 PM

Oak Ridge,Tenn.

Is it a "sign" of the times or is the city of Oak Ridge getting more strict on business signs?

Oak Ridge City Council postponed the first reading of an amendment to the city's sign regulations ordinance during its meeting this week, but that action came after the city's Community Development Department sent violation notices to several

Oak Ridge businesses.

The city has had strict regulations regarding business signs for many years, but the latest revisions to the ordinance have put a new spotlight on the issue.

Toney Stevens at Rivers Total Car Care is one of 18 businesses in Oak Ridge that received a "notice of violation" from the city about their illuminating, moving signs.

Stevens said his sign has been up and running for seven years and the city gave him a permit. But now the sign, under the proposed revised ordinance, might be illegal.

Stevens said he talked to Monica Austin Carroll with the city's Community Development Department on Monday after receiving the letter, but the local business owner indicated he still has questions.

"She said the city had complaints about flashing signs," Stevens said.

"She said I can't put on animation and when I asked about 'Santa,' she said no but I could put up moving text."

Stevens was putting an animation of Santa on the sign for the Christmas holidays.

He was also told he couldn't change the light intensity, but said any sign will do that on its on.

Stevens said he uses his sign not only for advertising, but also as a public service. "I put Amber Alerts on the sign and I've put on Secret City Festival (information)," he said.

"Dealing with the city is the problem … the city is hard to deal with," he said, adding he heard City Council members state otherwise at Monday's Council meeting. He said several months ago he received another notice from the city about a dead tree issue, and was earlier told he had to take down an inflatable snowman he put up in July.

Stevens said he hopes the city staff can sit down with business owners and talk about the alleged violations. He said he didn't know the ordinance amendment was on the Council agenda until he talked to Carroll on Monday.

"Just let us know what we can and cannot do," he said. "If we're out of compliance, we'll fix it.

"That sign cost me $16,000 — a lot of money, and the city approved it," he said. "Now, seven years later they say I can't use it. Oak Ridge is supposed to be one of the most technologically advanced cities in the United States, and not to allow these signs is ridiculous."

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Terry Fox at the recently opened Fox Brothers Ace Hardware also received a notice about his sign from the city, but said he'll ignore it. "I'll let my attorney handle it," he said, "until I get some direction (from the city)."

Fox said the notice

"makes no sense" to him.

"We did everything proper. It was installed as per the permit the city issued."

Fox said he also talked to Carroll and told her, "'You do all you can to drive business out.' You spend money for a sign, the city takes money for the permit, it makes no sense."

Fox said his sign drives traffic into the store, which generates sales and tax revenue for the city, county and state.

"The city staff may not want to believe it, but they don't make it easy," he said. "It's the same ol' same ol' — too much government bureaucracy. We pay our taxes, we should get some benefit. I don't know what they want."

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"We were getting complaints about electronic reader boards," explained Kathryn Baldwin, director of the city's Community Development. She said the complaints ranged from the intensity of the signs to the movement.

The ordinance states "no sign shall have blinking, flashing, or fluttering lights or other illuminating device, which has a changing light intensity, brightness or color. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public streets."

The amended ordinance proposal Council was to consider Monday night was to establish "criteria for operation of reader board signs (moving copy signs)."

Baldwin said the city issues a permit for a reader sign and "when we look at it it's fine, then they (the business owners) can change them so the message display, frequently, is movement and intense.

"When one increases, then the others adjust and all of a sudden we have an issue," she said. "We're in the process of amending to establish guidelines."

Baldwin said an "interim ordinance is on the books we'd like to get compliance on, so we sent out the letters."

She said the city sent out notices to 18 businesses with reader signs.

"Some are in compliance and some are in some varying degree of non-compliance," she said. She used the sign at CVS Pharmacy as an example of compliance.

"It can display varying messages, but not blink or flash," she said. "When it's delivering a message, it could be a safety issue if it's distracting (to motorists).

"The signs can deliver a message at a safe rate if the message is static," Baldwin said.

Page 3 of 3 - She said the city did amend the ordinance to allow the sign at the Oak Ridge High School, but added the school can control it from inside.

"It's not a TV to motorists, nothing is flashing, nothing is moving but it delivers messages," she said.

She said the city doesn't want all the schools to have signs because most are in residential areas.

"Two can — the high school and Roane State Community College," she said. RSCC doesn't yet have a sign, she noted.

The Oak Ridge Municipal Planning Commission will discuss the revisions at its Dec. 20 meeting and the issue will be back before City Council on Jan. 14.